Case BriefsHigh Courts

Punjab and Haryana High Court: Kuldip Singh, J. quashed the order of the lower court on the ground that there was no finding to prove that the petitioner will create any law and order in the society.

A petition was made against the order passed by the District Magistrate in which prayer of the petitioner for grant of parole was declined.

The State in its reply bought in the notice to the court that parole was rejected on the ground that petitioner was involved in offence under NDPS Act and in the event of release on parole he might create law and order problem in society. It was also submitted that the address of the convict was verified and he was not the habitual offender.

The Court opined that as the report shows that the petitioner was granted the parole three times earlier and he surrendered within time, there was no ground to reject the present petition. It was further held that when it is stated that he is not a habitual offender, the apprehension of the State that he will create law and order problem is without any material and basis. Thus the impugned order was quashed and the petitioner was ordered to be released on parole to meet his family and attend domestic affairs. [Hans Raj v. UT, Chandigarh, 2019 SCC OnLine P&H 1309, decided on 25-07-2019]

Case BriefsHigh Courts

Karnataka High Court: A Single judge bench comprising of K.S. Mudagal, J. dismissed a criminal petition rejecting grant of bail to the accused petitioner who was a habitual offender and involved in around twenty other criminal cases.

The instant petition was preferred seeking an enlargement of petitioner on bail. The petitioner was caught by a few people while trying to steal a car; he was beaten by the public, admitted in hospital and arrested a few days later. The primary contention advanced on behalf of the petitioner was that arrest after three days of the incident and after his admission into the hospital raised doubts about his involvement in the theft. The respondent objected to the same contending that petitioner was caught by the public while committing the offence of theft and the report of investigating officer showed that he was involved in twenty-one other such criminal cases and was a habitual offender.

The Court observed that one of the factors to be considered in granting of bail is the antecedents of the accused. If the accused is found to be a habitual offender, then his bail application can be rejected. Since the materials on record prima facie showed the petitioner’s involvement in crime and the fact that he was a habitual offender, therefore the present case was held to be fit for refusal of bail.[Manikantan v. State of Karnataka,2018 SCC OnLine Kar 1822, decided on 02-11-2018]